22 U.S.C. § 1622b — Transfer of functions, powers, and duties

Page 402 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1622a partment of the Treasury, or divest the Secretary of the Treasury of any functions under the War Claims Act of 1948, as amended, or under the International Claims Settlement Act of 1949, as amended. It does not limit the responsibility of the Secretary of State with respect to the conduct of foreign affairs. The reorga- nizations contained in the reorganization plan will not prejudice any interest or potential interest of any claimant. After investigation, I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Re- organization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorga- nizations made thereby, provisions for the appointment and compensation of officers specified in section 1 of the plan. The rate of compensation fixed for each of these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. The statutory citation for certain functions of the Secretary of State with respect to the International Claims Commission which are abolished by the reorga- nization plan, is the third and fourth sentences of sec- tion 3(c) of the International Claims Settlement Act of 1949 (64 Stat. 13), as amended. It is at this time impracticable to specify the reduc- tions of expenditures which it is probable will be brought about by the taking effect of the reorganiza- tions contained in the plan. Reorganization Plan No. 1 of 1954 provides a single agency for the orderly completion of present claims programs. In addition, it provides an effective organiza- tion for the settlement of future authorized claims pro- grams by utilizing the experience gained by present claims agencies. It provides unified administrative di- rection of the functions concerned, and it simplifies the organizational structure of the executive branch. I urge that the Congress allow the reorganization plan to be- come effective. DWIGHT D. EISENHOWER. THE WHITE HOUSE, April 29, 1954. § 1622a. Transfer of Foreign Claims Settlement Commission of the United States to Depart- ment of Justice The Foreign Claims Settlement Commission of the United States, established under Reorga- nization Plan Numbered 1 of 1954, is hereby transferred to the Department of Justice as a separate agency within that Department. (Pub. L. 96–209, title I, § 101, Mar. 14, 1980, 94 Stat. 96.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under sec- tion 1622 of this title. CODIFICATION Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–209, title VI, Mar. 14, 1980, 94 Stat. 99, pro- vided that: ‘‘This Act [enacting sections 1622a to 1622g of this title, amending sections 5316 of Title 5, Govern- ment Organization and Employees, and section 4101 of Title 50, War and National Defense, and enacting provi- sions set out as notes under this section, section 363 of former Title 31, Money and Finance, and section 7546 of Title 42, The Public Health and Welfare] shall take ef- fect on the date of enactment [Mar. 14, 1980].’’ AUTHORITY OF DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET RELATING TO TRANSFER OF FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES AND TERMINATION OF AFFAIRS OF ANNUAL ASSAY COMMISSION, UNITED STATES MARINE CORPS MEMORIAL COMMISSION, AND LOW-EMISSION VEHICLE CERTIFICATION BOARD Pub. L. 96–209, title V, Mar. 14, 1980, 94 Stat. 98, pro- vided that: ‘‘The Director of the Office of Management and Budget is authorized and directed to make such de- terminations as may be necessary with regard to the transfer of functions, powers, and duties pursuant to this Act [enacting sections 1622a to 1622g of this title, amending sections 5316 of Title 5, Government Organi- zation and Employees, and 4101 of Title 50, War and Na- tional Defense, and enacting provisions set out as notes under this section and sections 363 of former Title 31, Money and Finance, and 7546 of Title 42, The Public Health and Welfare], and to make such additional inci- dental dispositions of personnel, assets, liabilities, property, records, and unexpended balances of appro- priations, authorizations, allocations, and other funds held, used, arising from, available to or to be made available in connection with the functions transferred by this Act, as the Director may deem necessary to ac- complish the purposes of this Act. The Director is fur- ther authorized and directed to provide for terminating the affairs of each agency, board, or commission [An- nual Assay Commission under section 363 of former Title 31, the Low-Emission Vehicle Certification Board under section 7546 of Title 42, and the United States Marine Corps Memorial Commission] abolished by this Act.’’ § 1622b. Transfer of functions, powers, and duties of Foreign Claims Settlement Commission of the United States All functions, powers, and duties of the For- eign Claims Settlement Commission established by Reorganization Plan Numbered 1 of 1954 are hereby transferred with the Commission, to- gether with personnel, assets, liabilities, unex- pended balances of appropriations, authoriza- tions, allocations, and other funds held, used, available, or to be made available in connection with the statutory functions of the Commission. The Commission shall continue to perform its functions as provided by the War Claims Act of 1948, as amended [50 U.S.C. 4101 et seq.], the International Claims Settlement Act of 1949, as amended [22 U.S.C. 1621 et seq.], and Reorganiza- tion Plan Numbered 1 of 1954. (Pub. L. 96–209, title I, § 102, Mar. 14, 1980, 94 Stat. 96.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985, 68 Stat. 1279, which is set out as a note under sec- tion 1622 of this title. The War Claims Act of 1948, as amended, referred to in text, is act July 3, 1948, ch. 826, 62 Stat. 1240, which is classified generally to chapter 51 (§ 4101 et seq.) of Title 50, War and National Defense. For complete clas- sification of this Act to the Code, see Tables. The International Claims Settlement Act of 1949, as amended, referred to in text, is act Mar. 10, 1950, ch. 54, 64 Stat. 12, which is classified generally to this chapter Page 403 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1622d (§ 1621 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1621 of this title and Tables. CODIFICATION Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title. § 1622c. Membership of Foreign Claims Settle- ment Commission of the United States (a) Composition of Commission; appointment and compensation of Chairman The Commission shall be composed of a Chair- man and two members. The Chairman shall be appointed by the President, by and with the ad- vice and consent of the Senate, to serve on a full-time basis for a term of three years, and compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5. (b) Appointment and compensation of members other than Chairman The other members of the Commission shall be appointed by the President, by and with the ad- vice and consent of the Senate, and serve on a part-time basis, and be compensated on a per diem basis at a rate of compensation equivalent to the daily rate for level V of the Executive Schedule under section 5316 of title 5 for each day that such member is employed in the actual performance of official business of the Commis- sion as may be directed by the Chairman. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as au- thorized by section 5703 of title 5 for persons in Government service employed intermittently. (c) Terms of office The terms of Office of the Chairman and mem- bers of the Commission shall be for three years, except the Chairman and members first ap- pointed after the enactment of this subsection shall be appointed to terms ending respectively September 30, 1982, September 30, 1981, and Sep- tember 30, 1980. The incumbent of any such of- fice may continue to serve until a successor takes office. (d) Continuation in office of existing members Notwithstanding the provisions of subsections (a), (b), and (c) of this section, members of the Foreign Claims Settlement Commission who are serving on March 14, 1980, shall continue to serve in their same capacities until the expiration of the terms to which they were appointed. (Pub. L. 96–209, title I, § 103, Mar. 14, 1980, 94 Stat. 96.) Editorial Notes CODIFICATION Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 14, 1980, see title VI of Pub. L. 96–209, set out as a note under section 1622a of this title. § 1622d. Appointment and compensation of offi- cers and employees of Foreign Claims Settle- ment Commission of the United States; allow- ances and benefits; utilization of other Fed- eral facilities The Commission is authorized, in accordance with civil service laws and in accordance with title 5 to appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. The Commission is authorized to employ experts and consultants in accordance with section 3109 of title 5 without compensation or at rates of compensation not in excess of the maximum daily rate prescribed for GS–18 under section 5332 of title 5. Notwithstanding any other provi- sion of law, the Commission is further author- ized to employ nationals of other countries who may possess special knowledge, languages, or other expertise necessary to assist the Commis- sion. The Commission is authorized to pay ex- penses of packing, shipping, and storing per- sonal effects of personnel of the Commission as- signed abroad, and to pay allowances and bene- fits similar to those provided by title IX of the Foreign Service Act of 1946, as amended. The Commission is authorized, with the consent of the head of any other department or agency of the Federal Government, to utilize the facilities and services of such department or agency in carrying out the functions of the Commission. Officers and employees of any department and agency of the Federal Government may, with the consent of the head of such department or agency, be assigned to assist the Commission in carrying out its functions. The Commission shall reimburse such department and agency for the pay of such officers or employees. (Pub. L. 96–209, title I, § 104, Mar. 14, 1980, 94 Stat. 97.) Editorial Notes REFERENCES IN TEXT Title IX of the Foreign Service Act of 1946, as amend- ed, referred to in text, is title IX of act Aug. 13, 1946, ch. 957, 60 Stat. 1025, which was classified generally to subchapter IX (§§ 1131–1160) of chapter 14 of this title, and was repealed by section 2205(1) of the Foreign Serv- ice Act of 1980, Pub. L. 96–465, title II, Oct. 17, 1980, 94 Stat. 2159. The Foreign Service Act of 1980 is classified principally to chapter 52 (§ 3901 et seq.) of this title. Section 2401(c) of the 1980 Act (22 U.S.C. 4172(c)) pro- vides in part that references in law to provisions of the Foreign Service Act of 1946 shall be deemed to include reference to the corresponding provisions of the 1980 Act. For provisions corresponding to title IX of the Foreign Service Act of 1946, see Table preceding section 801 of this title. CODIFICATION Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.